A. The Plaintiff is a company that engages in product testing, examination, education, etc. for electronic equipment, etc., and the Defendant is a company that engages in business management education, research service, consulting, etc.

B. Around October 2013, the Plaintiff was introduced by the Defendant while engaging in the lending of facility funds related to the business of the company. The Defendant agreed to provide the Plaintiff with overall consulting services, etc. related to the business of lending facility funds (hereinafter “instant service contract”). The Plaintiff paid the Defendant a service fee of KRW 27.5 million (including value-added tax) on October 8, 2013, and the Defendant paid an additional cost of KRW 5 million on November 19, 2013.

C. Under the above service contract, the Defendant received an application for a loan of KRW 3 billion from the new growth-based funds of the Small and Medium Business Corporation for the Plaintiff, but did not perform its duties properly, and accordingly did not lend the funds, etc. for facilities through the Small and Medium Business Corporation.

Since then, the Plaintiff was granted a guarantee from the Korea Technology Finance Corporation to conduct its business on its own and received a loan of KRW 2.5 billion from the Bank.

E. On January 26, 2015, the Plaintiff sent an electronic mail to the Defendant, and the Defendant demanded the return of the service cost already paid on the ground that he/she did not perform all the service duties agreed with the Plaintiff. The Plaintiff asserted that the instant service contract was terminated on the ground that the Defendant did not neglect or deal with his/her duties even in the application for the modification of the purport of the claim and the cause of the claim made on November 28, 2016, and the duplicate of the application for the modification of the purport of the claim and the cause of the claim reached the Defendant on December 7, 2016.

[Ground for recognition] Unsatisfy, each entry of Gap 1-8 (including virtual number), and the whole pleading

2. The assertion and judgment

(a) Determination on the cause of the claim;